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HomeMy WebLinkAboutOrdinance 19606-03-2011ORDINANCE NO. 19606-03-2011 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY THE AMENDMENT OF CHAPTER 7, "BUILDINGS", ARTICLE IV, "MINIMUM BUILDING STANDARDS CODE", DIVISION 3 "MINIMUM STANDARDS FOR BUILDINGS AND STRUCTURES" BY DELETING AND REPLACING SECTION 7-87(m) "ACCESS, MEANS OF EGRESS AND EMERGENCY ESCAPE"; BY DELETING AND REPLACING SECTION 7-91(i~ "SMOKE DETECTORS"; BY ADDING A NEW SECTION 7- 91(g) "RENTED OR LEASED RESIDENTIAL PROPERTIES"; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under the current code, any replacement of old windows requires the opening to be made larger so as to serve as an emergency escape from sleeping rooms; and, WHEREAS, while that is an improvement of a life safety feature, it is also detrimental to the effort of supporting owners who wish to upgrade to more energy efficient windows; and, WHEREAS, it is not standard practice to require such a strict compliance when trying to upgrade older windows as long as the existing emergency escape dimensions are not made more nonconforming; the end result being that owners will now be able to replace windows without having to worry about cutting a larger hole in the exterior wall; and, WHEREAS, since all multi-family buildings in Fort Worth were required to meet a minimum sleeping room window escape dimension by November 30, 2000, clarification is needed to insure that all annexed multi-family buildings meet the same minimum requirement upon annexation; and WHEREAS, in order to bring the Minimum Building Standards Code in line with the Fire Code, Building Code and Residential Code, it is necessary to amend the provisions for smoke detectors, the end result is that battery smoke detectors will now have to be installed in the sleeping rooms as well as the other locations already noted in the code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Section 7-87(m) of the Code of the City of Fort Worth (1986) is deleted and replaced to read as follows: (m)Access, means of egress and emergency escape. (1) All buildings or structures shall be located with respect to property lines and to other buildings or structures on the same property as required by the Building Code and the Comprehensive Zoning Ordinance of the City of Fort Worth. (2) Every dwelling unit shall have door access directly to the outside or to a public corridor. All buildings or structures shall be provided with means of egress and appurtenances as required by the Building Code. Each dwelling unit shall have access to a passageway not less than the width required by the Building Code at time of construction, but in no case shall it be less than three (3) feet in width leading to a public street or alley. (3) In dwelling units ofmulti-family dwellings and lodging houses, each sleeping room below the fourth story and each basement shall have at least one (1) window or exterior door approved for emergency escape or rescue, as follows: i. The window or exterior door shall provide access directly into a public street, public alley, yard or exit court, or shall be brought into compliance as new construction. ii. Escape or rescue windows shall comply with the most restrictive o£ - the restrictions in effect at the time of construction or replacement; or, - the following dimensions - 19" minimum width, measured between inside edges of window frame - 24.5" minimum height, measured between inside edges of window frame - 48" maximum sill height iii. If amulti-family dwelling or lodging house is not in compliance with this requirement, the owner shall, by November 30, 2000, replace or install windows or doors of the full size necessary to comply with current codes at the time of replacement or installation. Any multi-family dwelling or lodging house discovered to not be in compliance by this date, or any multi-family dwelling or lodging house annexed after this date that is not in compliance, shall be given 30 days to come into compliance, or apply to the Construction and Fire Prevention Board to establish a compliance deadline. During the period of non-compliance, if any dwelling unit in a multi- family dwelling or lodging house has a sleeping room below the fourth story that does not comply with the emergency escape or rescue window requirement and such unit is or becomes vacant, said unit shall not be leased until it complies with the emergency escape or rescue window requirement. iv. After obtaining primary compliance with the provisions listed above, future replacement windows may comply with the provisions of subsection (6) below. v. The provisions listed above do not apply to sprinklered high-rise buildings as defined in the Building Code; nor to any other building that may be in compliance with current code for new construction. (4) In dwelling units of one(1) and two(2) family dwellings, each sleeping room below the fourth story and each basement shall have at least one window or exterior door approved for emergency escape or rescue which shall open directly into a public street, public alley, yard or exit court as required by the code in effect at the time of construction. (5) In multi-family dwellings with a sleeping room in the loft apartment each sleeping room shall have at least one window or exterior door approved for emergency escape or rescue which shall open directly into a public street, public alley, yard or exit court as required by the code in effect at the time of construction. (6) When replacing a window or door that serves as the emergency escape and rescue opening of the Residential Code or the Building Code, the new installation shall not reduce the dimensions of the opening such that it is non-compliant with that section. If the dimensions are already non-compliant, the new installation shall not reduce any of the existing opening dimensions, increasing the non-compliant conditions. The existing window sill height need not be corrected. This subsection shall apply to multi-family dwellings only after they have met the primary compliance items of subsection (3) above. (7) Bars, grilles, grates and other similar security devices may be installed on emergency escape or rescue windows or doors in dwelling units provided that: A. a building permit is obtained prior to installation; B. a final inspection is obtained from the Building Inspection Division upon completion of work; C. the devices are equipped with approved release mechanisms which are operable from the inside of the dwelling without the use of a key or special knowledge or effort; and D. the building or structure is equipped with smoke detectors installed in accordance with all applicable City ordinances. SECTION 2. Section 7-91(f) of the Code of the City of Fort Worth (1986) is deleted and replaced to read as follows: (f) Smoke detectors. (1) Single and multiple-station smoke alarms (smoke detectors) shall be installed in existing Group R occupancies and in dwellings not classified as Group R occupancies in accordance with subsections (2) through (6) below. Listed single- and multiple- station smoke alarms shall comply with UL 217. (2) Group R-1. Single- or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1: 1. In sleeping areas. 2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. 3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. (3) Groups R-2, R-3, R-4 and I-1. Single or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. 2. In each room used for sleeping purposes. Exception: Single- or multiple-station smoke alarms in Group I-1 shall not be required where smoke detectors are provided in the sleeping rooms as part of an automatic smoke detection system. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. (4) Location in Efficiency Dwelling Units. In efficiency dwelling units, detectors shall be located on the ceiling or wall of the main room. When sleeping rooms within an efficiency dwelling unit are on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. When actuated, the detector shall sound an alarm audible within the sleeping area of the dwelling unit in which it is located. (5) Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: 1. Interconnection is not required in buildings that are not undergoing alterations, repairs or construction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes. (6) Power source. Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. Exceptions: 1. Smoke alarms are permitted to be solely battery operated in existing buildings where no construction is taking place. 2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source. 3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergoing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for building wiring without the removal of interior finishes. SECTION 3. Section 7-91(g) of the Code of the City of Fort Worth (1986) is added to read as follows: (g) Rented or leased residential occupancies. For purposes of this section, the term dwelling unit shall include the following: 1. All one-family, two-family, and multi-family dwellings, including manufactured homes. 2. All one-family, two-family and multi-family dwellings where one or more rooms are rented for use as permanent residence under a single lease. (1) Smoke detectors. All dwelling units which are currently rented, leased or sub- leased, or are hereafter rented, leased, or sub-leased shall be provided with smoke detectors which meet the requirements of the ordinance under which construction or subsection (f) above, whichever is more restrictive. Those occupancies which are leased for the first time or to a new lessee shall have smoke detectors installed prior to occupancy by the lessee. The smoke detector purchase and installation shall be the sole responsibility of the landlord. (2) Duty to inspect and repair. Upon commencement of a tenant's possession of a dwelling unit containing a smoke alarm, the landlord shall have a duty to test the smoke detector to verify that it is in working order. Upon installation of a smoke detector by a landlord after commencement of the tenant's possession of a dwelling unit, the landlord shall have a duty to test the smoke detector to verify that it is in good working order. Documentation verifying compliance with this provision shall be submitted to the fire code official upon request. (3) Notice of malfunction. During the term of the rental agreement or any renewal or extension thereof, the landlord shall have a duty to inspect and repair a smoke detector only if the tenant has given notice to the landlord of malfunction or has made a request to the landlord for inspection or repair. The notice to the landlord need not be in writing unless written notice is required in the rental agreement. The landlord shall comply with the tenant's request for inspection and repair within a reasonable time, considering the availability of material, labor and utilities. (4) Cause of malfunction. A landlord shall not have a duty to repair a smoke detector if the damage or malfunction is caused by the tenant or the tenant's family, guest or invitee during the term of the rental agreement or any renewal or extension period of the rental agreement. Provided, however, a landlord shall have a duty to repair or replace a smoke detector covered by this subsection if the tenant pays in advance for the reasonable cost of repair or replacement, including labor, materials, taxes, and overhead. (5) Testing. A landlord shall have satisfied the duty to inspect or repair a damaged or malfunctioning smoke detector if, after a test of the smoke detector, the test indicates that the smoke detector is in good working order. (6) Battery replacement. After commencement of possession by the tenant of a dwelling unit, the landlord shall have no duty to provide replacement batteries for a battery operated smoke detector which was in good working order according to a test of the smoke detector at the time of commencement of possession by the tenant. (7) Offense. A person commits an offense if, as landlord of a dwelling unit, that person: 1. Fails to install a smoke detector in compliance with this section; or 2. Fails to test or repair a smoke detector in compliance with this section; or 3. Allows a dwelling unit to be occupied without obtaining documentation signed by both the landlord (or his authorized representative) and the tenant verifying compliance with this section. This documentation shall be furnished to the fire chief on request. SECTION 4. This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth, Texas (1986), as amended, and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. SECTION 5. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared void, ineffective, or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness, or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such void, ineffective, or unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 6. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed Two Thousand Dollars ($2,000.00) for all violations involving fire safety, or public health and sanitation and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations of this ordinance. Each day or any portion thereof during which any violation of this ordinance occurs or continues shall be deemed a separate offense and upon conviction thereof shall be punishable as herein provided. SECTION 7. All rights and remedies of the City of Fort Worth, Texas are expressly saved as to any and all violations of the previous codes, or any other ordinances affecting construction and fire safety, which have accrued at the time of the effective date of this ordinance: and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8. The City Secretary of the City of Fort Worth, is hereby directed to publish the caption and Sections 1, 6, 8 and 9 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013 (a) of the Texas Local Government Code. SECTION 9. This ordinance shall take effect upon April 1, 2011. APPROVED AS TO FORM AND LEGALITY: City Attorney Adopted: March 22, 2011 Effective: April 1, 2011 City of Fort Worth, Texas Mayor and Council Communication :..d s~ - . ..# ,. '~ ~.:~. zy+...E0. ~ $ -~Fi%Yri~~ uW _E< ,."k'2'~e6£~..,- :n%~~a COUNCIL ACTION: Approved on 3/22/2011 -Ord. No. 19601-03-2011, 19602-03-2011, 19603-03-2011, 19604-03-2011, 19605-03-2011, 19606-03-2011 r DATE: Tuesday, March 22, 2011 REFERENCE NO.: G-17249 LOG NAME: 0620091CODES SUBJECT: Adopt and Amend the 2009 Editions of the International Building Code, International Residential Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code and International Energy Conservation Code and Adopt a Corresponding Amendment to the Minimum Building Standards Code RECOMMENDATION: It is recommended that the City Council: Adopt the attached six ordinances which include the following: 1. Adoption of the 2009 International Building Code with local amendments, as the Building Code of the City of Fort Worth; 2. Adoption of the 2009 International Residential Code with local amendments, as the Residential Code of the City of Fort Worth; 3. Adoption of the 2009 International Mechanical Code with local amendments, as the Mechanical Code of the City of Fort Worth; 4. Adoption of the 2009 International Plumbing Code and the 2009 International Fuel Gas Code with local amendments, as the Plumbing Code of the City of Fort Worth; 5. Adoption of the 2009 International Energy Conservation Code with local amendments, as the Energy Code of the City of Fort Worth; and 6. Adopt an amendment to the Minimum Building Standards Code concerning sleeping room escape and smoke detectors to match the above ordinances. This ordinance has been reviewed by the Code Compliance staff and approved to be processed with this M&C. DISCUSSION: Construction codes are constantly changing with the development of new products, materials, construction methods, and after-action evaluations of disasters. The City of Fort Worth has adopted model codes from the International Code Council (ICC), with local amendments, as the construction codes for the City. These model codes are reviewed and updated annually through a national code adoption process. Every three years these changes are codified and published for local adoption. The 2009 edition of ICC codes are the latest published version offered for adoption by the Planning and Development Department and the Fire Department. Logname: 062009ICODES Page 1 of 2 During the code review staff endeavored to identify code provisions that would most affect industry, such as Residential Wind Bracing, State of Texas Foundation Requirements, and Window Sill Height. To further the dialogue with the industry, notifications were distributed and meetings were held with impacted stakeholder groups, including the Development Advisory Committee and the Greater Fort Worth Builders Association. The State of Texas has adopted the 2009 International Energy Conservation Code (IECC) as the energy code for the state. As such, adoption and implementation by the City of Fort Worth is required by April 1, 2011, for commercial construction and January 1, 2012, for home construction. Staff proposes to follow the State's effective dates. The ordinances will have an effective date of April 1, 2011 for all provisions except home energy code requirements which will be effective January 1, 2012. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that this action will have no material effect on City funds. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bk Ori ig_nating Department Head: Additional Information Contact: Fernando Costa (6122) Randle Harwood (6101) AI Godwin (7825) David Hall (7844) Logname: 062009ICODES Page 2 of 2